Davis v. Parris

I concur in the judgment of affirmance, but write separately because the analysis in Division 2 of the majority opinion is incomplete. Determination of whether the 1980 will was “mutual” such that an enforceable contract not to revoke the will existed must begin with former OCGA § 53-2-51 (b),

which was effective until January 1, 1998, and read: “(e)xcept for mutual wills based on express contract, no wills shall be or shall be construed to be mutual wills unless there is contained in both wills an express statement that the wills are mutual wills.”

Bandy v. Henderson, 284 Ga. 692, 695 (4) (670…